Employer’s Responsibilities If A Worker Is Injured In An Accident At Work

Maintaining a safe workplace is a legal requirement, with employers carrying the responsibility to protect their employees from harm. This responsibility extends beyond preventing hazards to ensuring that, if an accident at work occurs, it’s managed properly and safely.

In this guide, we’ll explore the specific responsibilities UK employers have in maintaining a safe workplace. From conducting risk assessments and providing health and safety training to investigating accidents at work and implementing preventive measures, understanding these responsibilities helps protect both employees and employers.

If you’d like to discuss an accident where you were injured at work, we offer a no-obligation consultation. During the call, a specialist will review your case and discuss whether you could be eligible to claim compensation. If so, we’ll connect you with one of our personal injury solicitors, who can handle your case on a No Win No Fee basis if they believe it has a reasonable chance of success.

To speak with us right away, please call our advice centre on 0800 6524 881 today. Otherwise, please read on to learn more about accidents at work and employer responsibility.

What Responsibilities Do Employers Have For Workplace Safety?

The Health and Safety at Work Act 1974 sets out that employers have a duty, “to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

This means that employers must:

• Regularly assess the workplace to identify any potential risks and remove them where possible.
• Ensure that machinery and equipment are well maintained or repaired if required.
• Train staff properly on how to complete their role safely.
• Provide Personal Protective Equipment (PPE) to reduce risk of injury if it can not be removed completely.
• Keep the working environment well maintained so that it is generally safe to work in.
• Prepare a health and safety policy and regularly update it.
• Consult with employees about workplace safety matters.

If an employer fails to meet their duty of care and therefore responsibilities, and a worker suffers an injury at work as a result, the company could be investigated by the Health and Safety Executive (HSE). Furthermore, an injured member of staff could seek compensation by filing a work accident claim for their suffering.

In the following sections, we’ll examine the key laws that govern these responsibilities and outline the specific steps employers must take to keep workplaces safe.

Key Legal Requirements For Employers In The UK

The Health and Safety at Work Act is by far the most commonly referenced when discussing an employer’s responsibilities in the workplace. Other laws that solicitors may use to establish a duty of care include:

1. Management of Health and Safety at Work Regulation 1999.

These regulations require employers to conduct regular risk assessments to identify and control hazards in the workplace. Employers are also responsible for:

• Implementing preventive measures to address identified risks.
• Appointing competent personnel to oversee health and safety within the organisation.
• Informing employees about risks and safety measures in the workplace.

2. Provision and Use of Work Equipment Regulations 1998 (PUWER).

PUWER outlines the responsibilities employers have to ensure that all equipment used in the workplace is safe. This includes:

• Maintaining and inspecting equipment regularly to prevent malfunctions.
• Providing employees with training on the proper use of tools and machinery.
• Ensuring that all equipment complies with safety standards and is used only for its intended purpose.

3. Personal Protective Equipment (PPE) at Work (Amendment) Regulations 2022.

If a workplace hazard cannot be eliminated, employers must provide employees with personal protective equipment to reduce their exposure. Employers are responsible for:

• Supplying suitable PPE, such as gloves, goggles, or high-visibility clothing, at no cost to employees.
• Ensuring PPE is well-maintained, readily available, and replaced as necessary.
• Providing training on how to use and care for PPE correctly.

4. Reporting of Injuries, Diseases and Dangerous Occurrences 2013 (RIDDOR).

RIDDOR requires employers to report certain workplace incidents to the Health and Safety Executive (HSE). Employers must report:

• Serious injuries or injuries requiring hospitalisation for more than 24 hours.
• Dangerous occurrences, such as fires, explosions, or structural collapses.
• Work-related illnesses or diseases, such as occupational asthma or dermatitis.

Reporting these incidents not only ensures compliance with RIDDOR but also helps the HSE monitor workplace safety standards across industries.

Importantly, any breach of these laws could potentially allow you to be compensated if they resulted in an accident in which you were injured.

How Employers Should Mitigate Common Causes Of Workplace Accidents

According to Health and Safety Executive (HSE) statistics for 2022/23, the following are the most common causes of workplace injuries in the UK. Employers have a legal responsibility to address these risks and implement preventive measures to protect employees.

• Slips, trips, and falls on the same level (32%). These incidents, often caused by wet floors, uneven surfaces, or obstructed walkways, are the leading cause of workplace injuries. Employers should regularly inspect floors for hazards, implement proper signage for spills, and ensure that walkways are kept clear and free of obstructions.
• Lifting, carrying, and handling injuries (17%). Improper lifting techniques or handling of heavy items can lead to serious musculoskeletal injuries. Employers should provide training on safe lifting practices, supply mechanical aids (such as trolleys or lifting equipment), and ensure that employees are only asked to lift items within safe limits.
• Being hit by a moving object (11%). This can include incidents involving moving machinery, equipment, or falling items. Employers are responsible for securing objects at height, enforcing safe machinery operation practices, and providing personal protective equipment (PPE), such as hard hats, to minimise injury risk.
• Violence against staff (8%). Unfortunately, workplace violence is a significant cause of injuries. Employers should have clear policies to protect employees from assault at work, provide training on conflict de-escalation, and ensure proper security measures are in place, such as alarms or security personnel in higher-risk environments.
• Falls from height (8%). Common in industries like construction, falls from height can lead to severe or fatal injuries. Employers must take preventive measures by installing guardrails, providing harnesses, and regularly inspecting scaffolding or ladders to ensure safe working conditions at height.

If you’ve been hurt at work and are wondering if you’re eligible to sue your employer, please don’t hesitate contacting our advisors for free advice.

Employers Responsibility To Report Accidents And Injuries At Work

After a workplace accident, employers have a legal obligation to document and, in some cases, report the incident. Accurate records help both employers and employees by creating an official record of the incident, which can be vital if follow-up actions or investigations are required.

Accident Book Entry

Employers must record all workplace accidents in an accident book, or equivalent system, regardless of the injury’s severity. This record should include:

• The date, time, and location of the incident.
• The nature of the injury and details about how it occurred.
• Any immediate actions taken, such as administering first aid.

The accident book entry serves as an essential reference, especially if the employee requires sick leave or if further investigation is necessary.

RIDDOR Reporting Requirements

As we mentioned earlier, employers must report certain accidents to the HSE under RIDDOR regulations. Some of the reportable injuries that must be logged include:

• Bone fractures (other than to fingers, thumbs and toes).
• Amputations.
• Crush injuries – to head or torso.
• Injuries leading to blindness or partial loss of sight.
• Burns that cover more than 10% of the body or seriously damage vital organs, the respiratory system or the eyes.
• Head injuries or asphyxia that lead to unconsciousness.
• Hypothermia or heat-induced illnesses.

Importantly, these accidents must be reported regardless of whether the employer was to blame. Also, this is not the same list of injuries that could lead to a compensation claim. Essentially, you could sue your employer for any injury caused by their negligence.

Notifying Insurers And Conducting Internal Reviews

While not a legal requirement, notifying the employer’s insurance provider promptly is a recommended practice. Insurance providers may request documentation or initiate their own investigation, especially if the accident at work involves potential liability.

An internal review, while documenting all details of the accident, can help employers assess what actions need to be taken to prevent future accidents at work. This review may also involve identifying any gaps in safety training or policy that contributed to the accident.

Supporting The Injured Employee

After a workplace accident, employers have a responsibility to support the injured employee throughout their recovery. This involves:

Providing Access To Medical Treatment

Employers must ensure that the injured employee receives prompt medical assistance, whether through on-site first aid or calling the emergency services. In cases where an employee requires follow-up care, employers should support access to medical appointments, rehabilitation, or specialist consultations as needed.

Offering Paid Sick Leave Or Statutory Sick Pay (SSP)

Employees injured at work may be eligible for Statutory Sick Pay (SSP) if they need time off to recover. Employers may also offer additional paid sick leave benefits depending on their company policy. It’s important that employers clearly communicate sick leave entitlements to the employee and ensure payments are provided in a timely manner.

Making Workplace Adjustments If Needed

If the employee returns to work with new physical limitations or disabilities resulting from the accident, employers are required to make reasonable adjustments to support their continued employment. This may include:

• Modifying the employee’s work duties to accommodate any limitations.
• Adjusting work hours or providing flexibility in the role.
• Providing specialised equipment to help in their role.

These adjustments help injured employees transition back to work safely and comfortably while demonstrating the employer’s commitment to their well-being.

Preventing Retaliation And Ensuring Fair Treatment

Employers must also protect injured employees from retaliation or unfair treatment following an accident at work. This means the employee should not be penalised, demoted, or treated unfavourably for reporting the incident or taking time off to recover. Employers have a duty to foster a supportive environment and respect the employee’s rights throughout the recovery process.

Employer Duty To Investigate Workplace Accidents

After an accident at work, employers have a responsibility to investigate the incident to understand its causes and prevent similar incidents in the future. A thorough investigation helps improve workplace safety, fulfils legal obligations, and demonstrates a commitment to employee well-being. Here are the key steps employers should take during an investigation:

• Document the incident. Start by gathering all relevant information, including accident book entries, witness statements, and any available CCTV footage. Detailed documentation can reveal insights into what led to the accident.
• Interview witnesses. Speaking with witnesses provides additional perspectives on how the accident happened and can clarify whether there were any environmental or procedural factors involved.
• Conduct a risk assessment. Review the area where the incident occurred and assess potential hazards. This risk assessment may reveal safety gaps, such as unaddressed hazards, missing signage, or inadequate training.
• Review policies and procedures. Assess the effectiveness of existing health and safety policies and procedures to determine if they were followed correctly or need updating. If the accident suggests gaps in policy or procedures, this information can help guide improvements.
• Implement corrective actions. Based on findings, take corrective actions to mitigate risks. This may include updating equipment, revising safety protocols, or arranging additional training to prevent similar incidents in the future.

By conducting a comprehensive investigation, employers fulfil their legal responsibilities and create a safer environment for all employees.

What Happens If Employers Fail To Meet Their Responsibilities?

When employers neglect their responsibilities after a workplace accident, they not only endanger employees but also expose themselves to legal and financial consequences. The Health and Safety Executive (HSE) and other regulatory bodies monitor workplace safety, and non-compliance with health and safety laws can lead to serious repercussions.

For example, if a serious accident occurs, the HSE may launch an investigation to determine if employer negligence or failure to meet legal safety requirements contributed to the incident. During an investigation, the HSE may review workplace policies, accident records, and witness statements to assess whether health and safety regulations were followed.

Employers found in violation of health and safety laws may face substantial fines. The severity of fines can vary based on factors such as the level of negligence, the severity of the incident, and the employer’s previous safety record. In extreme cases, criminal charges may also be brought against those responsible.

Additionally, if an employee is injured due to an employer’s failure to uphold safety standards, the employer may be liable for a workplace injury claim. This means the employee could seek compensation for physical injuries, psychological trauma, and any financial losses caused by the accident. This could also result in higher insurance premiums. Frequent accidents or a poor health and safety record typically indicate increased risk, which can lead insurers to adjust premiums accordingly.

Contact Us About An Accident At Work And Employer Responsibilities

If you believe your employer is responsible for injuries you’ve sustained at work, please call us on 0800 6524 881 to see if you could be eligible to claim compensation.

If your employer is responsible for your accident at work and your claim is taken on, you’ll know from the start that you won’t need to pay any legal fees at all unless you’re compensated as your solicitor will manage your claim on a No Win No Fee basis.